NYC DUI Lawyer

New York City DUI Attorney

Driving under the influence (DUI) is extensively detected and punished in New York City. Whether you are leaving a bar on the Lower East Side or a family party on Long Island, the New York City police are trained to look notice the signs of drunk driving and pull over those showing signs of impairment. In an instant, you could go from law-abiding resident to criminal defendant. A New York City DUI lawyer is responsible for assisting with your defense. At Koch Law, we take this responsibility seriously, even if this is your first DUI. Our instance that you fight DUI charges is based on the severity of potential outcome. The State of New York has stringent DUI laws, and your defense is the only opportunity to overcome these serious charges.

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Understanding Charges for Driving While Intoxicated in New York City

Most states refer to drunk driving laws as DUI, but this actually isn’t the case in New York. A DUI offense in New York, including those in New York City, is officially called driving while intoxicated or DWI. While the name and acronym differ, the severity of the charges and potential outcome is similar to other states.

Most commonly, charges for DUI or DWI apply to instances of drunk or impaired driving, but not always. Drunk driving is the operation of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Typically, a driver’s BAC is determined through a breath test, which is performed either roadside or at a police station.

Unlike other New York City crimes, such as drug possession, petit larceny, computer fraud, and white-collar crimes, DWI in New York is a strict liability crime. This means the New York City prosecutor doesn’t need to show intent to prove you committed the offense. There is no way for a defendant to argue that they mistakenly drove while intoxicated; adults are expected to use appropriate judgment and refrain from driving after consuming drugs or alcohol.

While we most often associated DWI with drunk driving, the same offense is applicable to impairment from a controlled substance. Instances that involve DWI by controlled substances are generally considered more serious and more likely to result in a hefty punishment. Additionally, a defendant in such a case may not only face a DUI/DWI charge but also charges of drug possession or other offenses.

DUI Laws in New York City

There are several different drunk driving or DUI laws enforced in New York City. These laws vary in severity, but all cover similar actions by a driver. Whereas other criminal offenses are differentiated by degree of the crime, for example, sexual abuse in the first degree, second degree or third degree, DUI charges are differentiated by different names. A New York City DUI lawyer handles all severity and type of DUI charges.

• Driving While Intoxicated (DWI): The most common drunk driving offense and defined as the operation of a motor vehicle with a BAC of 0.08% or higher or 0.02% if the driver is under the age of 21.
• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): Law enforcement notices evidence of impairment by alcohol and the driver has a BAC between 0.05% and 0.07%.
• Driving While Ability Impaired by Drugs (DWAI/Drugs): Based on evidence from a chemical test, a driver is shown to have one or more controlled substances in his or her system.
• Driving While Ability Impaired by Drugs and Alcohol (DWAI/Combination): Based on a breath test and evidence of a chemical test, a driver is shown to have a BAC above 0.05% and a controlled substance in his or her system.
• Aggravated DWI: Based on a breath test, a driver’s BAC is 0.18% or higher, or there is another aggravating circumstance to a charge for DWI.

The penalties for any DUI offense in New York City are based in part of the specific charges. For example, an aggravated DWI offense is subject to a more extensive criminal and administrative punishments than DWI. The severity of a DUI/DWI charge can also increase if the defendant had a minor child in the car with them or if they caused an accident resulting in injury or death.

However, the other important factor for assessing the punishment for DUI is whether it is a first or subsequent offense. Subsequent DUI offenses in any five-year period have much higher jail sentences and fines. If you are facing a subsequent DWI offense, you should give more consideration to hiring a reputable and respected DUI lawyer in New York City. Penalties automatically increase for defendants who have been previously convicted of DUI/DWI.

Police officers in New York City may conduct arrests for DUI after observing drivers commit traffic violations, driving erratically, or after watching a visibly intoxicated person leave an establishment that serves alcohol get into their vehicle. Police officers must establish probable cause to conduct a traffic stop and initiate an arrest, meaning they must observe some type of evidence that indicates they have sufficient legal grounds to investigate the issue.

Conviction of DUI in New York City will also require chemical testing. If a driver refuses to submit to a lawful DUI test, they can face automatic suspension of their driver’s license as well as increased penalties if they are later convicted of a DUI/DWI offense. However, these tests must be conducted correctly according to state law, and improper administration of any chemical test can ultimately work in a defendant’s favor if they have the right attorney handling their case.

DUI Defense in New York City

If you were charged with robbery, cyber terrorism, or identity theft and fraud, you’d immediately contact a New York City lawyer. Often, the reaction to DUI charges in New York City isn’t the same. People assume there isn’t a valid defense to DUI charges and there’s no way to win a dismissal of the charges – this isn’t true. A New York City DUI lawyer can respond to your case and develop a strategy that suits your unique situation.

It is possible to build your case in various ways. For example, you may be able to prove that the arresting officer failed to properly establish probable cause to conduct the traffic stop that led to your arrest or that the chemical test that proved you were intoxicated was not administered correctly. You could also challenge the validity of the test results based on the past performance of the lab that handled your sample.

Your case could be dismissed if the police failed to follow due process or if the prosecution does not meet the standard of proof for a conviction. In every criminal case, the prosecution must prove guilt beyond a reasonable doubt, meaning their evidence and arguments must be compelling enough that no reasonable person could doubt whether the defendant committed the offense.

While you may have more opportunities to avoid conviction than you initially realized, you may also face all but certain convictions if the evidence against you is strong enough. In this situation, all hope is not lost, however, as your attorney may be able to negotiate a plea deal with the prosecution. This is not possible in every case, but a plea bargain could potentially mean reduced charges and/or a lighter sentence in exchange for a swift guilty plea.

Ultimately, crafting an effective defense against a DUI charge in New York City can be challenging, but you may have more options available to you than you initially expected. The right New York City DUI lawyer is an invaluable asset to have on your side, and our team at Koch Law, PLLC, can help you develop the strongest defense possible. We will do everything we can to help you avoid conviction if possible or mitigate your sentence if necessary.

FAQs

Knowing and asserting your constitutional rights is crucial when you have been charged with DUI or any other criminal offense in New York City. Do not make the mistake of assuming that you can navigate your case successfully on your own. A DUI lawyer at Koch Law can help you understand the DUI laws in New York City and reduce the negative impact of a DUI. Ready to fight for your future? Contact our team to learn more about how we can help you.

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